Section 10

環境影響評估條例

(第499章)

第10條

ENVIRONMENTAL
PERMIT TO CONSTRUCT AND OPERATE

A
DESIGNATED PROJECT

建造及營辦指定工程項目的環境許可證

PART A (MAIN PERMIT)

A部 (許可證主要部分)

Pursuant
to Section 10 of the Environmental Impact Assessment Ordinance (EIAO), the
Director of Environmental Protection (the Director) grants this environmental
permit to the CASTLE PEAK POWER COMPANY LIMITED (hereinafter referred to
as the "Permit Holder") to construct and operate the designated
project described in Part B subject to the conditions specified in Part
C. The issue of this environmental permit is
based on the documents, approvals or permissions described below:

The Project
is to construct and operate an unmanned 3-bladed wind turbine with :

-rated capacity between 800kW and 1300kW;

-overall height of about 90m;

-site area of about 54m x 100m; and

-generated power transmitted to a nearby
existing 11kV power grid.

工程項目為建造及營辦一所無需人手操作的三葉片風力發電機組，及其：

-額定功率為800千亙至1300千亙；

-總高度約90米；

-佔地面積約54米 x 100米；和

-產生的電力輸進附近的現有11千伏電網。

PART C (PERMIT
CONDITIONS)

1.General
Conditions

1.1The Permit Holder and any person working on the
Project shall comply with all conditions set out in this Permit. Any
non-compliance by any person may constitute a contravention of the
Environmental Impact Assessment Ordinance (Cap.499) and may become the subject
of appropriate action being taken under the Ordinance.

1.2The Permit
Holder shall ensure full compliance with all legislation from time to time in
force including, without limitation to, the Noise Control Ordinance (Cap. 400),
Air Pollution Control Ordinance (Cap. 311), Water Pollution Control Ordinance
(Cap. 358), Waste Disposal Ordinance (Cap. 354) and Civil Aviation Ordinance
(Cap 448). This Permit does not of itself constitute any ground of defense
against any proceedings instituted under any legislation or imply any approval
under any legislation.

1.3The Permit
Holder shall make copies of this Permit together with all documents referred to
in this Permit and the documents referred to in Part
A of the Permit readily available at
all times for inspection by the Director or his authorized officers at all
sites/offices covered by this Permit. Any reference to the Permit shall include
all documents referred to in the Permit and also the relevant documents in the
Register.

1.4The Permit
Holder shall give a copy of this Permit to the person(s) in charge of the
site(s) and ensure that such person(s) fully understands all conditions and all
requirements incorporated by the Permit. The site(s) refers to site(s) of
construction of the Project and shall mean the same hereafter.

1.5The Permit
Holder shall display conspicuously a copy of this Permit on the Project site(s)
at all vehicular site entrances/exits or at a convenient location for public’s
information at all times. The Permit Holder shall ensure that the most updated
information about the Permit, including any amended Permit, is displayed at such
locations. If the Permit Holder surrenders a part or the whole of the Permit,
the notice he sends to the Director shall also be displayed at the same
locations as the original Permit. The suspended, varied or cancelled Permit
shall be removed from display at the Project site(s).

1.6The Permit
Holder shall construct and operate the Project in accordance with the project
description inPart B
of this Permit.

1.7The Permit
Holder shall ensure that the Project is designed, constructed and operated in
accordance with the information and recommendations described in the approved
EIA Report (Register No. AEIAR-105/2007), the Application for Environmental
Permit (Application No. AEP-256/2006) and other relevant documents in the
Register, the information and mitigation measures described in this Permit,
mitigation measures to be recommended in submissions that shall be deposited
with or approved by the Director as a result of permit conditions contained in
this Permit, and mitigation measures to be recommended under on-going
surveillance and monitoring activities during all stages of the Project. Where
recommendations referred to in the documents of the Register are not expressly
referred to in this Permit, such recommendations are nevertheless to be
implemented unless expressly excluded or impliedly amended in this Permit.

1.8All
deposited submissions, as required under this Permit, shall be rectified and
resubmitted in accordance with the comments, if any, made by the Director
within one month of the receipt of the Director’s comments or otherwise
specified by the Director.

1.9All
submissions approved by the Director, all submissions deposited without
comments by the Director, or all submissions rectified in accordance with
comments by the Director under this Permit shall be construed as part of the
permit conditions described in Part C of this Permit. Any variation of the
submissions shall be approved by the Director in writing or as prescribed in
the relevant permit conditions. Any non-compliance with the submissions may
constitute a contravention of the Environmental Impact Assessment Ordinance
(Cap.499). All submissions or any variation of the submissions shall be
certified by the Environmental Team (ET) Leader referred to in Condition 2.1
below before submitting to the Director under this Permit.

1.10The Permit Holder
shall release all finalized submissions, as required under this Permit, to the
public by depositing copies in the Environmental Impact Assessment Ordinance
Register Office, or in any other places, or any internet websites as specified
by the Director, or by any other means as specified by the Director for public
inspection. For this purpose, the Permit Holder shall provide sufficient copies
of the submissions.

1.11All submissions to the
Director required under this Permit shall be delivered either in person or by
registered mail to the Environmental Impact Assessment Ordinance Register
Office (currently at 27/F, Southorn Centre, 130 Hennessy Road, Wanchai, Hong
Kong). Electronic copies of all finalized submissions required under this
Permit shall be prepared in Hyper Text Markup Language (HTML) (version 4.0 or
later) and in Portable Document Format (PDF version 4.0 or later), unless
otherwise agreed by the Director and shall be submitted at the same time as the
hard copies.

1.12The Permit Holder
shall notify the Director in writing the commencement dates of construction and
operation of the Project no later than two weeks prior to the commencement of
construction and operation of the Project. The Permit Holder shall notify the
Director in writing immediately if there is any change of the commencement
dates of the construction and operation.

1.13For the purpose of
this Permit, “commencement of construction” does not include works related to
site clearance and preparation or other works as agreed by the Director.

2.Submissions or
Measures before Commencement of Certain Parts of the Project

Employment
of Environmental Monitoring and Audit (EM&A) Personnel

2.1An ET shall be established by the Permit
Holder no later than two weeks before commencement of construction of the
Project. The ET shall not be in any way an associated body of the Contractor
for the Project. The ET shall be headed by an ET Leader. The ET Leader shall be
a person who has at least 7 years of experience in environmental monitoring and
auditing (EM&A) or environmental management. The ET and the ET Leader shall
be responsible for the implementation of the EM&A programme in accordance
with the requirements as contained in the EM&A Manual approved under Condition
2.3 of this Permit. The ET Leader shall keep a contemporaneous log-book of each
and every instance or circumstance or change of circumstances which may affect
the environmental impact assessment and each and every non-compliance with the
recommendations of the approved EIA Report (Register No. AEIAR-105/2007) or
this Permit. The ET Leader shall notify the Director within one working day of
the occurrence of any such instance or circumstance or change of circumstances.
The ET Leader’s log-book shall be kept readily available for inspection by all
persons assisting in supervision of the implementation of the recommendations
of the approved EIA Report (Register No. AEIAR-105/2007) or this Permit or by
the Director or his authorized officers.Failure to maintain records in the log-book, failure to discharge the
duties of the ET Leader as defined in the EM&A Manual or failure to comply
with this Condition would entitle the Director to require the Permit Holder by
notice in writing to replace the ET Leader. Failure by the Permit Holder to
make replacement, or further failure to keep contemporaneous records in the
log-book despite the employment of a new ET Leader may render the Permit liable
to suspension, cancellation or variation.

2.2A qualified
ecologist(s) shall be engaged to carry out the works relating to fauna surveys,
fauna translocation (if any), coral surveys and bird collision monitoring as
mentioned in the EM&A Manual approved under Condition 2.3 of this Permit. The qualification and experience of the qualified
ecologist(s) shall be certified by the ET Leader. The qualified ecologist(s)
shall form part of the ET.

Updating of
Environmental Monitoring and Audit (EM&A) Manual

2.3The Permit Holder
shall, no later than one month before the commencement of construction of the
Project, submit to the Director for approval four hard copies and one
electronic copy of an updated EM&A Manual for the Project. The
updated EM&A Manual shall include the increased frequency of bird collision
monitoring, the on-going searches of Bodagek’s Burrowing Lizard during
construction of the Project, the surveys of coral community along coastline of
Hei Ling Chau before and after the construction of the Project and the proposal
of installing web cameras to provide real time monitoring of the Project. The updated EM&A Manual shall be certified by the ET Leader as
conforming to the information and recommendations contained in the approved EIA
Report (Register No. AEIAR-105/2007).

Temporary Steel
Platform and Enabling Works

2.4Temporary steel platform and enabling works as shown
in Figure 2 of this Permit shall be properly designed, constructed and operated
for the construction of the Project. The temporary steel platform shall be
located at the existing jetty within the Hei Ling Chau Typhoon Shelter and
shall be constructed above the high tide level. No marine or dredging works
shall be carried out for the construction of the temporary steel platform. No
plantation habitat, plant species of conservation interest, protected or rare
plant species shall be affected during construction and operation of the
temporary steel platform and enabling works. The Permit Holder shall, no later
than one month before the commencement of construction of the temporary steel
platform and enabling works, deposit with the Director four hard copies and one
electronic copy of design proposal showing locations and detailed design of the
temporary steel platform and enabling works and locations, types and area of
habitat loss due to the construction of the temporary steel platform and
enabling works. Before submission to the Director, the proposal shall be
certified by the ET Leader as conforming to the information and recommendations
contained in the approved EIA Report (Register No. AEIAR-105/2007).

Drainage Management
Plan

2.5Drainage management system shall be effectively
designed, constructed and operated to handle construction site runoff generated
from the construction sites of the Project, temporary steel platform and
enabling works. Silt trap, oil interceptor and intercepting channel shall be
provided in the drainage management system. The Permit Holder shall, no later
than one month before the commencement of construction of the Project, deposit
with the Director four hard copies and one electronic copy of the drainage
management plan showing the detailed design, treatment facilities, layout and
capacity of the drainage management system. Before submission to the Director,
the proposal shall be certified by the ET Leader as conforming to the
information and recommendations contained in the approved EIA Report (Register
No. AEIAR-105/2007).

3.Submissions
or Measures during the Construction of Certain Parts of the Project

Measures to Mitigate Ecological Impacts

3.1The Project shall only be constructed and operated
at the location as shown in Figure 1 of this Permit. No more than 54m x 100m of
land area of the Project location shall be affected.

3.2No plantation habitat, plant species of conservation
interest, protected or rare plant species shall be affected by the Project.
Fences shall be erected along the boundary of Project location before
commencement of construction of the Project to prevent any encroachment onto
adjacent areas. To protect the plant species of conservation interest Golden
Eulophia as shown in Figure 3 of this Permit from any human disturbance
during construction of the Project, fences shall be erected to separate the plant
species of conservation interest Golden Eulophia from the Project
location before commencement of construction of the Project.

3.3Field survey of Common Rat Snake and Bodagek’s
Burrowing Lizard before commencement of construction of the Project and
on-going field surveys of Bodagek’s Burrowing Lizard during construction of the
Project shall be carried out in accordance with the procedures and requirements
in the EM&A Manual approved under Condition 2.3 of this Permit. If Common
Rat Snake and Bodagek’s Burrowing Lizard are found in the field surveys, they
shall be properly translocated to nearby suitable habitats in accordance with
the procedures and requirements in the EM&A Manual approved under Condition
2.3 of this Permit. Field surveys and fauna translocation (if any) shall be
carried out by the qualified ecologist as mentioned in Condition 2.2 of this
Permit.

3.4All temporary works area shall be reinstated upon
completion of works.

Measures to
Mitigate Landscape and Visual Impacts

3.5Overall height of the wind turbine shall not be more
than 90m.

3.6No reflective marking or colour shall be used on the
wind turbine. The marking and colour design as shown in Figure 4 of this Permit
shall be used in the Project.

3.7At least one month before commencement of the
installation works of the wind turbine, the Permit Holder shall deposit with
the Director four hard copies and one electronic copy of the proposal showing
the aviation marking, aviation lighting and landscape plan for the Project. The
proposal shall include colour of the wind turbine, colour and design of the
aviation marking used in the wind turbine, intensity, colour and design of the
aviation lighting used in the wind turbine and external landscape works used in
the Project location. The landscape plan shall include design details of all
external hard and soft landscape works. Before submission to the Director, the
proposal shall be certified by the ET Leader as conforming to the information,
requirements and recommendations set out in the approved EIA Report (Register
No. AEIAR-105/2007).

3.8All recommendations in the landscape and visual
proposal as referred to in the Condition 3.7 of this Permit shall be fully
implemented. The Permit Holder shall, no later than three months after
completion of construction of the Project, deposit with the Director four hard
copies and one soft copy of as-built drawings and photo records of the Project
showing the colour and design of the Project, the external hard and soft
landscape works and the reinstatement works of all temporary works area.

Measures to
Mitigate Water Quality Impact

3.9No marine or dredging works shall be carried out for
the Project.

3.10All recommendations in the drainage management plan
as referred to in the Condition 2.5 of this Permit shall be fully implemented.

3.11Portable chemical toilets shall be provided on
Project sites during construction of the Project. No sewage or wastewater
generated by the Project shall be discharged into the streams and reservoir as
indicated in the Figure 3 of this Permit.

Measures on Waste Management

3.12No waste, spoil, excavated materials or materials
alike arising from the Project shall be dumped in the ecological habitats
including plantation, shrubland, abandoned wet agricultural land, streams,
reservoir and rocky shore as shown in the Figure 3 of this Permit. All waste
arising from the Project shall only be disposed of at the Hei Ling Chau Refuse
Transfer Station.

4.Measures
for the Operation of the Project

4.1No wind turbine with
maximum sound power level greater than 104dB(A) shall be installed. The wind
turbine shall not have characteristics of tonality, impulseness and intermittency.
The Permit Holder shall, no later than one month before the operation of the
Project, deposit with the Director four hard copies and one electronic copy of
the noise certificate showing the noise characteristics including maximum sound
power level, tonality, impulseness and intermittency of the wind turbine.

4.2Noise monitoring shall be
carried out in accordance with the procedures and
requirements in the EM&A Manual approved under Condition 2.3 of this Permit
during operation of the Project for a period not less than 12 months.

4.3Monitoring for bird
collision and vantage point surveys to observe any change in flight patterns or
behaviour of birds, in particular the White-Bellied Sea Eagles, during
operation of the Project shall be carried out in
accordance with the procedures and requirements in the EM&A Manual
approved under Condition 2.3 of this Permit for a period not less than 12
months and with a frequency not less than once per week.

5.Environmental
Monitoring and Audit (EM&A) for the Project

5.1The EM&A programme
shall be implemented in accordance with the procedures and requirements in the EM&A
Manual approved under Condition 2.3 of this Permit.
Any changes to the EM&A programme shall be justified by the ET Leader as
conforming to the requirements set out in the EM&A Manual and shall seek
the prior approval from the Director before their implementation.

5.2Surveys, samples, measurements and necessary
remedial actions shall be taken in accordance with the requirements of the
EM&A Manual by:

(a)conducting baseline environmental monitoring
including surveys of coral community along coastline
of Hei Ling Chau and field surveys of Common Rat Snake and Bodagek’s
Burrowing Lizard before commencement of construction of the Project;

(b)conducting impact monitoring; carrying out remedial
actions described in the Event/Action Plans of the EM&A Manual in
accordance with the time frames set out in the Event/Action Plans, or as agreed
by the Director, in case where specified criteria in the EM&A Manual are
exceeded; and logging and keeping records of details of all parameters within 3
working days of the collection of data or completion of remedial action(s), for
the purpose of preparing and submitting the monthly EM&A Reports and to
make available for inspection on site;

(c)conducting on-going field
surveys of Bodagek’s Burrowing Lizard during construction of the
Project;

(d)conducting post-construction environmental
monitoring including surveys of coral community along
coastline of Hei Ling Chau; and

(e)conducting noise monitoring and weekly bird
collision monitoring during operation of the Project for a period not less than
12 months.

5.3Four hard copies
and one electronic copy of the Baseline Monitoring Report shall be submitted to
the Director at least 2 weeks before commencement of construction of the
Project. The submission shall be certified by the ET Leader before submission
to the Director. Additional copies of the submission shall be provided upon
request by the Director.

5.4Four hard copies
and one electronic copy of the monthly EM&A Report for construction and
operation phases of the Project shall be submitted to the Director within 2
weeks after the end of the reporting month. The monthly EM&A Report shall
include a summary of all non-compliance (exceedances) of the environmental
quality performance limits (Action and Limit levels), the status of submission
required under this Permit, the findings of the on-going field surveys for Bodagek’s
Burrowing Lizard, the post-construction coral surveys, the
types, quantities and disposal locations of all surplus excavated materials and
wastes arising from the Project, the findings of operational bird collision
monitoring and the results of operational noise monitoring. The submissions
shall be certified by the ET Leader before submission to the Director.
Additional copies of the submission shall be provided upon request by the
Director.

5.5All environmental monitoring and audit data
submitted under this Permit shall be true, valid
and correct.

5.6To ensure a high degree of transparency regarding
the monitoring data and results, all environmental monitoring and audit data
and results and all submissions and all performance test data and results
required by this Permit shall be made available by the Permit Holder to the
public through a dedicated web site to be set up by the Permit Holder under
Condition 6.2 below, in the shortest practicable time and in no event later
than 2 weeks after such information is available.

5.7The Permit Holder shall install and thereafter
maintain a system of web cameras in accordance with
the proposal contained in the EM&A Manual approved under Condition 2.3
of this Permit. The system shall provide real time visual monitoring of the
site condition accessible by public through dedicated web site set up by the
Permit Holder under Condition 6.2 below.

6.Electronic Reporting of EM&A
Information

6.1To facilitate public inspection of the EM&A
Manual, Baseline Monitoring Report and the monthly EM&A Reports via the
EIAO Internet Website and at the EIAO Register Office, electronic copies of
these Reports shall be prepared in the Hyper Text Markup Language (HTML)
(version 4.0 or later) and in Portable Document Format (PDF version 4.0 or
later), unless otherwise agreed by the Director and shall be submitted at the
same time as the hard copies as described in Conditions 5.3 and 5.4 of this
Permit. For the HTML version, a content page capable of providing hyperlink to
each section and sub-section of these Reports shall be included in the
beginning of the document.Hyperlinks to all figures, drawings and tables in these Reports shall be
provided in the main text from where the respective references are made.All graphics in these Reports shall be
in interlaced GIF format unless otherwise agreed by the Director. The content
of the electronic copies of these Reports must be the same as the hard copies.

6.2The Permit Holder shall set up a dedicated web site
and notify the Director in writing the internet address where the environmental
monitoring and project data is to be placed within six weeks after the
commencement of construction of the Project. All environmental monitoring
results described in Condition 6.1 above and all submissions and all
performance test data and results required by this Permit shall be made
available to the public via this dedicated web site to be set up by the Permit
Holder in the shortest time practicable and in no event later than 2 weeks
after the relevant environmental monitoring data are collected or become
available, unless otherwise agreed with the Director.

6.3The internet website as described in Condition 6.2
above shall enable user-friendly public access to the monitoring data and
project data including the EIA report, the environmental permit(s) and project
profile of the Project. The internet website shall have features capable of : -

(a)providing
access to all environmental monitoring data collected since the commencement of
work and all submissions under this permit;

(b)searching
by date;

(c)searching
by types of monitoring data; and

(d)hyperlinks
to relevant monitoring data after searching;

or otherwise as agreed by the Director.

Notes
:

1.This Permit consists of three parts, namely, Part A (Main
Permit), Part B (Description of Designated Project) and Part C
(Permit Conditions).Any person relying
on this permit should obtain independent legal advice on the legal implications
under the Ordinance, and the following notes are for general information only.

2.If there is a breach of any conditions of this Permit, the
Director or his authorized officer may, with the consent of the Secretary for
the Environment, Transport and Works, order the cessation of associated work
until the remedial action is taken in respect of the resultant environmental
damage, and in that case the Permit Holder shall not carry out any associated
works without the permission of the Director or his authorized officer.

3.The Permit Holder may apply under Section 13 of the Environmental
Impact Assessment Ordinance (the “Ordinance”) to the Director for a variation
of the conditions of this Permit. The Permit Holder shall replace the original
permit displayed on the Project site by the amended permit.

4.A
person who assumes the responsibility for the whole or a part of the Project
may, before he assumes responsibility of the Project, apply under Section 12 of
the Ordinance to the Director for a further environmental permit.

5.Under Section 14 of the Ordinance, the Director may with the
consent of the Secretary for the Environment, Transport and Works, suspend,
vary or cancel this Permit. The suspended, varied or cancelled Permit shall be
removed from display at the Project site.

6.If
this Permit is cancelled or surrendered during construction and operation of
the Project, another environmental permit must be obtained under the Ordinance
before the Project could be continued. It is an offence under Section 26 (1) of
the Ordinance to construct a designated project listed in Schedule 2 of the
Ordinance without a valid environmental permit.

7.Any person who
constructs and operates the Project contrary to the conditions in the Permit,
and is convicted of an offence under the Ordinance, is liable:

(i)on a first conviction on indictment to a
fine of $2 million and to imprisonment for 6 months;

(ii)on a second or subsequent conviction on
indictment to a fine of $5 million and to imprisonment for 2 years;

(iii)on a first summary conviction to a fine
at level 6 and to imprisonment for 6 months;

(iv)on a second or subsequent summary conviction to a
fine of $1 million and to imprisonment for 1 year; and

(v)in any case where the offence is of a continuing
nature, the court or magistrate may impose a fine of $10,000 for each day on
which he is satisfied the offence continued.

8.The Permit Holder may appeal against any condition
of this Permit under Section 17 of the Ordinance within 30 days of receipt of
this Permit.

9.The Notes are for general reference only
and that the Permit Holder should refer to the EIA Ordinance for details and
seek independent legal advice.